Did the accused intend to cause harm during the robbery?

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Death Sentence Handed Down for Armed Robbery Resulting in Injury

A former security guard has been sentenced to death for injuring a Bangladeshi worker with a gunshot during a robbery attempt at a petrol station. The High Court determined that the accused, Fairol Azman Amironzuki, intended to commit robbery and cause harm during the incident.

The court found that Fairol Azman, aged 33, had the intention to commit robbery when he fired a shot at petrol station worker Tarikul Islam Tarak, causing injury to the waist. This conclusion was based on the prosecution's evidence, which indicated that the hammer of the firearm had been cocked and the accused's finger was on the trigger, suggesting a clear intent to discharge the weapon. The defence's argument that the accused did not intend to fire the shot was deemed unproven.
Robbery Attempt at Wangsa Maju Petrol Station

The incident occurred on August 7, 2016, at approximately 5:40 pm at a Petroniaga Mesra Services petrol station located in Wangsa Maju, along Jalan Genting Kelang. Fairol Azman was attempting to rob the premises when the shooting took place. The charge under Section 3 of the Firearms (Increased Penalties) Act 1971 carries the mandatory death sentence upon conviction.
Failed Defence Argument

During the trial, the defence attempted to argue that Fairol Azman did not have the intention to fire the gun. However, the judge, Datuk Azman Abdullah, rejected this claim. The judge's reasoning highlighted that the physical state of the firearm—with the hammer pulled back and a finger on the trigger—demonstrated a clear intent to shoot, thereby undermining the defence's position.
Sentencing and Trial Proceedings

Fairol Azman, who was represented by lawyer Jeyaseelan Anthony, appeared calm when the death sentence was pronounced. The trial, which commenced on June 13 of the same year, involved testimony from sixteen prosecution witnesses and one defence witness, who was the accused himself. The prosecution was led by Deputy Public Prosecutor Zalina Awang@Mamat.

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Did the accused intend to cause harm during the robbery?

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